Construction contract: Duration of construction

Hello,

we are possibly about to conclude a construction contract. The BBS is generally okay, but there may still be a need for clarification in some areas - we had it checked by the Bauherren-Schutzbund.

Now we have been sent the actual construction contract, which states:

"Contract partners, property, etc.

... The construction period from start of construction to moving in is usually 7-8 months. The preparation of work plans and statics as well as weather and the construction progress of ongoing construction sites influence the start of construction.

The start of construction is planned for November/December 2016."
Then it is pointed out again that up to 8 weeks of delays can occur in winter due to Christmas and weather, and even beyond if the weather intervenes.

What bothers me, however, is the wording: 1. "usually". That means to me: for comparable construction projects of the company, but it does not explicitly refer to our construction. It is too vague for me. 2. "The start of construction is planned for November/December 2016". That means to me: it is planned but not fixed; in case of doubt, we are out of luck and it gets postponed because something disrupted the plan.

How do you see it, am I too critical, or am I right? What is usual?

And, in case of emergency, does anyone know a good and affordable construction company in the Stuttgart region? ;)

What bothers me, however, is the wording is 1. "as a rule." That means to me: for comparable construction projects of the company, but it does not refer explicitly to our construction. For me, it is too vague.

That's logical, you can only report from past experiences and give a rough estimate. But what will happen with your construction is still up in the air. A thousand things or even just one thing can go wrong/delay.

2. "Planned start of construction is November/December 2016." That does not mean to me: it is planned but not set in stone, in case of doubt we are unlucky and it shifts because something crossed the plan.

Exactly, bad luck, that's how you can describe it in simple words. The dumb one is usually the client. Especially since before construction starts, a lot still needs to be done that the construction company has no direct influence on. Do you already have a building permit? Probably not. In some places, that can also take up to a year. And then there's always the big unknown "weather."

It's logical, you can only report from past experiences and make a rough estimate. But what happens with your construction is still up in the air. One thousand things or even just one thing can go wrong/delay.



Exactly, bad luck, that's how you can describe it simply. Usually, the fool is the client. Especially since a lot still has to be done before construction starts, which the construction company has no direct influence on.
Do you already have a building permit? Probably not. In some places, that can take up to a year. And then there is still the big unknown "weather".

So, in your opinion, are these formulations harmless or usual?

Building permit procedure is underway ;)

So, are these formulations, in your opinion, harmless or usual?

Building permit procedure is running ;)

I’m not Marc, but in my opinion:
Yes, or yes. :D

You can/must only remind due payments yourself later (by setting a reasonable deadline) so that default occurs with all its legal consequences. Default does not occur by calendar date, but after the unsuccessful expiration of the deadline.

Whether the deadline then has any effect is another question...
;)

I am somewhat surprised that is not pushing more strongly for a fixed deadline here.

For us, a construction period of exactly 7 months was stipulated. Weather-related delays had to be proven. For everything beyond that, a penalty was automatically defined.
Only the start, unfortunately, was not concretely fixed, so that after all prerequisites for the start of construction were met (purchase of the land, sample selection, etc.), we still had to wait half a year for the start of construction.

I also think: Since this is a matter that can be very expensive in case of doubt (late payment interest), I find the freedom of this formulation quite large. Of course, the company should also have a strong interest in completing the construction promptly in order to receive the installment, but since there is currently a construction boom and the company is quite large (builds around 50 houses a year), I see a certain risk there.